The Courtroom Flashcards
What are the reasons for a court hierarchy?
- It allows for specialisation between specific cases.
- enables the parties to appeal to a higher court.
- enables the doctrine of precedent
Jurisdiction
The right or power of a court to apply the law and deal with particular cases
Original jurisdiction
When a court is hearing a case for the first time
Appellate jurisdiction
When the court is reviewing an original decision
What is the role and jurisdiction of the magistrates court?
- Lowest court
- Able to hear summary offences and indictable offences heard summarily
- Holds committal proceedings
What is the role and jurisdiction of the Coroner’s Court
- Investigates any unexpected, sudden or suspicious death.
- Hold inquests
- Question witnesses
Role and jurisdiction of the county court
- Hears most indictable offences excluding murder, attempted murder and certain conspiracies and corporate offences.
- Hears cases including manslaughter, armed robbery, kidnapping, rape and assault.
- Appeals from magistrates’
Role and jurisdiction of Supreme Court
- Two divisions
- Hears murder, attempted murder, treason, terrorism, serious drug charges.
- Hears appeals from magistrates
Role of the Court of Appeal
-hears appeals from supreme and county court.
Role and jurisdiction of the high court
Role of the full bench of the high court
- Interpret the Constitution
- depart from previous decision
Role of the full court of the high court
-Hears appeals of supreme courts of states, family court and federal court.
What is a committal proceeding?
A series of hearings that will determine whether a case is ready for trial in the county or supreme courts
What are summary offences?
Minor crimes that include any offence under a subordinate law or local law.
What are indictable offences?
Serious offences that include common law offences
What are indictable offences heard summarily?
Indictable offences that are listed in the Criminal Procedures Act 2009 that are punishable by 10 years or less in prison or a fine of $120,000 or less